Section 1115 Waiver Update e-Memo - Permanent Medicaid 1115 Behavioral Health Waiver Services Regulations Filed

Dear Provider,


As most of you know, the permanent Medicaid 1115 Behavioral Health Waiver Services regulations were filed by the Lieutenant Governor’s office on 4 September. ​These regulations include some changes we made to the emergency regulations after reviewing public comment. ​They also include the emergency regulations we did not make changes to.  In either case, this represents the Department's decision to make the emergency regulations permanent.  Changed emergency regulations will have an effective date of October 4, 2020 (30 days after filing by Lt. Governor's office), and unchanged emergency regulations retain the original effective date of May 21, 2020.  


There is an easy way to tell when any particular regulation is effective.  When reviewing the regulations please pay close attention to the effective date included in the history note at the end of each regulation (see below example).Any regulations that remains unchanged will show the original effective date of 5/21/2020.  ​Because any changes to the regulations take effect on the 30th day after the regulations were filed, those changed regulations will reflect an updated effective date of 10/2020.


The most important take-away is that the emergency regulations are fully in effect until changes to certain regulation sections are effective October 4. ​In other words, nothing has changed at this date from the May 21 release.  On October 4, there will be changes, and those changes as stated above are easily identified by the effective date embedded in the regulations themselves.  We encourage all providers to read the regulations and pay close attention to the effective date. 


History Note Example:

Histroy Note Short

In text Example:

History Note Long

Just in case you missed it..,




Farina Brown, Division of Behavioral Health, Deputy Director




Dear Provider,

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